UPENDRALAL WAGHRAY, J.

( 1 ) OUR learned brother Ramanujulu Naidu, J. , by the following order dt. 27-11-1985 has made this reference to a Division Bench : "the following questions of far-reaching importance are raised in these cases : 1. Whether a Special Court, constituted under S. 12-A of the Essential Commodities Act, as amended in the year 1981, is empowered to exercise powers under S. 167 of the Code of Criminal Procedure in relation to the person forwarded to it under Cl. (b) of S. 12-AA of the Act? In other words, what is the effect of Clause (c) read with Cl. (f) of S. 12-AA of the Act?

( 2 ) WHETHER a Special Court can take cognizace of a case instituted before it where investigation into the said case is not completed within six months from the date of arrest of the accused involved in the case and charge-sheet is filed beyond six months from the date of arrest of the accused? it is brought to my notice that there are several instances where after arrest of accused persons in a number of cases booked under the Essential Commodities Act, charge-sheets are not filed by the Investigating Officers even after six months from the date of arrest of the accused persons involved therein and that guidance of this Court in that behalf is necessary. I am, therefore, of the opinion that the above important questions should be decided by a Division Bench of this Court as early as possible. Post the papers before Honourable the Chief Justice for constituting a Division Bench. " 2. This controversy has arisen in connection with prosecution for offences under S. 7 of the Essential Commodities Act (hereinafter referred to as the Act ). The crime was registered and the accused arrested but no charge-sheet was filed by the police for a period of over six months thereafter. It was contended on behalf of the accused that in view of S. 12-AA sub-sec. (1) (f) all offences under the Act shall be tried in a summary way and the provisions of Ss. 262 and 265 of the Code of Criminal Procedure (hereinafter called the Code) shall apply. S. 262 of the Code provides, that for the trials under that chapter (i. e. summary trials) the procedure for summons cases is to be followed. S. 167 (5) of the Code provides that in any case triable by a Magistrate as a summons case, if the investigation is not concluded within a period of six months from the date of arrest of the accused, the Magistrate shall make an order stopping further investigation into the offence, unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interest of justice the continuance of the investigation beyond the period of six months is necessary. It is common ground that no such request was made in these cases. 2a. Under S. 12-A of the Act, Special Courts presided over by an officer of the rank of a Sessions Judge, may be appointed, for trying the offences under the Act, and S. 12aa, among other things, provides for the powers and procedure before Special Courts. S. 12-AA (1) (c) provides that the Special Court may exercise, in relation to the person forwarded to it under Clause (b), the same power which a Magistrate having jurisdiction to try a case may exercise under S. 167 of the Code in relation to an accused person in such case who has been forwarded to him under that section.

( 3 ) SECTION 7 of the Act provides the various penalties that may be imposed for offences under the Act. Sub-section (1) (a) (i) of S. 7 provides for imprisonment up to one year and also fine; while sub-sec. (1) (a) (ii) and sub-ss. (2) and (2-A) provide for a sentence of a minimum term of imprisonment of three months, but the imprisonment may extend up to 7 years and also fine. The applicability of the procedure including provisions of S. 167 (5) of the Code to cases involving offences under Section 7 (1) (a) (ii) etc. , where punishment may extend to a sentence of over two years i. e. warrant-case according to S. 2 (x) of the Code, is in controversy.

( 4

Click Here to Read the rest of this document